Bank of New York Mellon v. City of Richmond, California et al

Filing 68

REPLY (re 55 MOTION for Sanctions ) filed byCity of Richmond, California, Gordian Sword LLC, Mortgage Resolution Partners L.L.C., Richmond City Council. (Attachments: # 1 Affidavit Declaration of Stacey Leyton, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Leyton, Stacey) (Filed on 12/20/2013)

EXHIBIT B

Attorneys
Stephen P. Berzon
Michael Rubin
Scott A. Kronland
Jonathan Weissglass
Stacey M. Leyton
Peder J. Thoreen
Eric Brown
Paralegal
Total Fees:

Hours
15.2
2.9
41.05
2.25
30.8
0.7
73.2

Rate
875
875
780
725
665
575
400

Fees
$13,300.00
$2,537.50
$32,019.00
$1,631.25
$20,482.00
$402.50
$29,280.00

4.2

225

$945.00

170.3

$100,597.25

Date
08/07/13
08/07/13
08/07/13
08/07/13

Timekeeper
JW
JW
MR
SAK

Hours
0.20
0.10
1.00
3.50

08/07/13
08/07/13
08/08/13
08/08/13
08/08/13
08/08/13
08/08/13

SAK
SPB
EB
EB
EB
EB
MR

0.50
0.30
0.60
0.15
0.40
0.50
1.90

08/08/13
08/08/13

SAK
SAK

0.40
3.00

08/09/13

SAK

2.40

08/11/13
08/11/13
08/11/13
08/11/13
08/11/13
08/11/13
08/11/13
08/12/13
08/12/13
08/12/13
08/12/13

EB
EB
JW
JW
JW
SAK
SAK
EB
EB
EB
JW

0.65
0.10
0.65
0.05
0.15
0.65
0.50
0.35
0.10
0.30
0.50

08/12/13
08/12/13
08/12/13
08/12/13
08/12/13
08/12/13
08/12/13
08/12/13
08/12/13
08/12/13
08/13/13

JW
JW
SAK
SAK
SAK
SAK
SAK
SAK
SAK
SAK
EB

0.05
0.05
0.40
0.25
0.40
0.60
0.75
0.50
0.15
0.15
0.80

08/13/13
08/13/13
08/13/13
08/13/13
08/15/13
08/15/13
08/15/13
08/16/13
08/16/13
08/18/13
08/22/13
08/26/13
08/26/13
09/04/13
09/04/13
09/12/13
09/12/13
09/12/13
09/12/13

JW
JW
JW
JW
JW
SAK
SAK
EB
SAK
SAK
SAK
JW
SAK
EB
EB
EB
EB
SL
SPB

0.05
0.05
0.10
0.10
0.10
0.50
0.50
0.60
1.50
0.50
0.20
0.10
0.30
0.20
0.15
1.00
0.60
0.50
1.00

09/13/13

EB

0.70

09/13/13

SL

0.10

Description
Strategy conference re: complaint;
Review e-mail re: complaint;
Review recent articles re developments; emails re same; review complaint
Review complaint filed in N.D. Cal..; telephone conference with Richmond City Attorney re: same; emails with John Vlahoplus re: same; research re: abstention;
Review court docket re: new lawsuit; e-mails re: same
Emails re: lawsuit;
Research public use/purpose distinction;
Review draft memo re: litigation strategy;
Strategy conference re: complaints and response;
Review BNY Mellon complaint;
Review news articles; review second complaint; emails re same; strategy conference with Peterson
re complaints and case law; review Illinois Supreme Court case; emails re same
Telephone conference with John Vlahoplus re: lawsuits
Review complaints; telephone conferences and e-mails re: strategy; draft memo to MRP
summarizing lawsuits; strategy conferences re: defending lawsuits;
E-mails re: strategy for lawsuits; e-mails with opposing counsel re: lawsuit; telephone conferences
and strategy conferences re: strategy for defending lawsuit;
Conference call with MRP team re: litigation strategy;
Review draft letter to plaintiffs counsel;
Telephone conference with MRP representatives re: response to lawsuits;
Strategy conference re: response to lawsuits;
Edit letter to Plaintiffs' counsel and research re: same;
Conference call with MRP re: strategy;
Edit draft letter to plaintiffs' counsel;
Conference call with Bruce Goodmiller and Carlos Privat re: lawsuits;
Strategy conference with Scott Kronland and Jonathan Weissglass re: lawsuits;
Review amended complaint;
Telephone conference with Richmond City Attorney re: response to lawsuits and strategy conference
re: same;
Review new draft of demand letter;
Strategy conference re: same;
Telephone conferences with Bruce Goodmiller and Carlos Privat re: lawsuits;
Telephone conference with opposing counsel re: lawsuits;
E-mails re: lawsuits;
Strategy conferences re: lawsuits;
Research on ripeness for lawsuits;
Edit letter to plaintiffs counsel re: timing of lawsuits;
Review amended complaint;
Draft proposal for litigation plan and forward to City Attorney
Conference call with John Vlahoplus, Scott Kronland, and Jonathan Weissglass re: litigation
strategy;
Telephone conference with Carlos Privat re: demand letter;
Edit demand letter;
E-mail re: letter to Plaintiffs' counsel;
Review proposed related case stipulation;
Edit joint motion to relate cases;
Draft joint defense agreement;
Edit administrative motion to relate cases
Review memos on constitutional issues;
Research re: ripeness; research re: Rule 11 sanctions for filing unripe case
Research on prior Court rule 11 decisions;
Review second amended complaint
Strategy conference re: motion to dismiss BONY case;
Review latest filings in BONY suit; emails re: same;
Review and revise motion for sanctions;
Strategy conference re: hearing and sanctions motion;
Strategy conference re: BNY Mellon case; draft and circulate email to opposing counsel;
Review Complaint in BNY Mellon case and deadline for response;
Strategy conference re: motion to dismiss in BNY case;
Strategy conference re: motion to dismiss in BNY case; edit email to opposing counsel; emails re:
revisions
Telephone conference and correspondence with opposing counsel in BNY Mellon case; strategy
conference re: same;
E-mails re: schedule for motion to dismiss briefing in related case;

Date
09/13/13

Timekeeper
SPB

Hours
1.20

Description
Voicemail from Bronwyn Pollock, counsel for Bank of New York; emails and strategy conferences re:
motion to dismiss BNY case; review BNY supplemental brief; strategy conference;

09/15/13

SL

0.40

09/16/13

EB

1.00

09/16/13
09/16/13

EB
SL

0.30
1.10

09/16/13

SL

0.70

09/16/13
09/16/13
09/17/13
09/17/13
09/17/13
09/17/13
09/17/13
09/17/13
09/17/13

SL
SPB
EB
EB
SL
SL
SL
SL
SPB

0.20
0.30
0.50
0.30
0.20
0.10
0.20
0.10
1.90

09/18/13
09/18/13
09/18/13
09/18/13
09/19/13
09/19/13
09/19/13

SL
SL
SL
SPB
EB
SAK
SL

0.10
0.30
0.30
0.40
0.30
0.30
0.10

09/19/13

SL

3.70

09/19/13
09/20/13

SPB
EB

0.50
3.50

09/20/13

SL

0.40

09/20/13

SL

0.40

09/20/13
09/23/13
09/23/13
09/23/13
09/23/13
09/23/13

SPB
PJT
SAK
SL
SL
SPB

1.30
0.50
0.30
0.20
1.30
1.40

09/24/13
09/24/13

EB
EB

0.40
1.50

Research rules re: extending time to answer complaint; draft stipulation extending time and e-mail re:
same;
Correspondence re: stipulation to extend time to respond to BNY Mellon complaint; revise stipulation
and strategy conference re: same;
Strategy conference re: BNY Mellon case;
E-mails re: stipulation and representation of plaintiffs; draft stipulation and changes thereto; draft email to defendants; review authority cited by defendants in supplemental brief; strategy conferences
re: potential dismissal and next steps;
Review and analyze complaint in related case; draft e-mail to defendants in related case re:
voluntary dismissal; review e-mail from defense counsel responding to same; draft response to
same; review sample Rule 11 motion and draft e-mail re: same;
Strategy conference re: same;
Strategy conference re: BNY case;
Correspondence re: BNY Mellon case;
Strategy conference re: BNY Mellon case and motion for fees;
Strategy conference re: motion to dismiss in Bank of NY case;
E-mails re: attorneys' fees and Rule 11;
Strategy conference re: same;
E-mails with clients re: Rule 11;
Strategy conference re: BNY motion to dismiss; edit demand letter to plaintiff's counsel; emails with
clients; emails re: Rule 11 section 1988 fess issues;
Review e-mails re: communications with banks;
Strategy conferences and e-mails re: asking defendants to stipulate to shortening time;
Research and draft ex parte application for order shortening time; e-mails re: same;
Emails with clients; strategy conference re: motion to dismiss;
Strategy conference re: correspondence with plaintiffs and draft email re: same;
Review draft motions in Bank of New York case; e-mail re: same
Strategy conference and e-mails re: client and co-counsel review of draft motion to dismiss in Bank
of New York case;
Research and draft Bank of New York motion to dismiss, ex parte motion to shorten time, declaration
in support, and proposed orders; e-mails re: same;
Emails re: motion to dismiss; strategy conference;
Finalize motion to dismiss and supporting documents; correspondence with clients and co-counsel
re: same; file same;
E-mails and strategy conference re: motion to dismiss and accompanying papers; review proposed
edits to same; e-mails re: same;
Review defendants' response letter and revised drafts of Bank of New York dismissal papers; emails re: same and re: Rule 11;
Edit brief, declarations; motion for order shortening time; emails re: Rule 11 motion;
Strategy conference and e-mail exchange with Stacey Leyton re: sanctions;
Review draft of Rule 11 motion in Bank of New York case; e-mail re: same
E-mails with clients and potential amicus; strategy conference re: potential Rule 11 motion;
Research and draft Rule 11 motion;
Strategy conference re: Rule 11 Motion and other motions based on frivolous litigation; telephone
conference with Bill Falik; emails with Bill Falik;
Review Rule 11 draft and correspondence re: same;
Research standard for sanctions for filing for improper purpose and draft language for brief re: same;

09/24/13
09/24/13
09/24/13
09/24/13
09/24/13
09/24/13

EB
EB
PJT
SL
SL
SL

0.80
0.50
0.20
0.30
0.60
0.40

09/24/13

SL

1.30

09/24/13

SL

0.40

09/24/13
09/24/13

SL
SPB

1.30
2.70

Correspondence with Stacey Leyton and Stephen Berzon re: Rule 11 drafts and revise drafts;
Review opposition to ex parte motion to shorten time and correspondence re: same;
Strategy conference re: Rule 11 motion; research re: same;
Draft revisions to Rule 11 motion and e-mails re: same;
Draft proposed order and correspondence to plaintiffs' counsel and e-mails re: same;
Draft revisions to motion and proposed order; e-mails and strategy conference re: same; e-mails re:
service;
E-mails and strategy conferences re: letter to defendants, proof of service, proposed order, and
motion;
Review and analyze response to ex parte application; review second amended complaint; e-mails re:
reply;
Research and draft reply in support of ex parte application;
Emails with clients re: Rule 11; edit Rule 11 motion and order; strategy conferences and emails re:
revisions; review defendant's opposition; emails re: response;

Date
09/25/13

Timekeeper
EB

Hours
1.30

09/25/13
09/25/13

SAK
SL

0.10
1.00

09/25/13
09/30/13
09/30/13
09/30/13
09/30/13
09/30/13
10/01/13
10/03/13
10/05/13
10/05/13

SPB
EB
SAK
SAK
SL
SL
SPB
EB
EB
SAK

1.20
0.50
0.10
0.80
0.30
0.20
0.20
0.60
0.70
1.00

10/05/13
10/07/13
10/07/13
10/07/13
10/07/13
10/07/13
10/07/13
10/08/13
10/08/13
10/08/13

SL
EB
EB
SAK
SAK
SL
SL
EB
EB
SAK

0.40
1.20
0.50
0.90
0.30
0.50
0.40
6.70
0.40
0.50

10/08/13
10/09/13
10/09/13
10/09/13
10/09/13
10/09/13
10/09/13
10/09/13

SL
EB
EB
EB
SAK
SAK
SAK
SL

0.20
0.20
6.50
0.30
0.40
3.00
0.20
0.10

10/09/13
10/09/13
10/10/13
10/10/13
10/10/13
10/10/13
10/10/13

SL
SL
EB
EB
EB
EB
P/L

0.60
0.10
1.90
0.60
1.70
0.30
4.20

10/10/13
10/10/13
10/10/13
10/10/13
10/10/13

SAK
SAK
SAK
SL
SL

0.10
0.40
0.50
0.10
0.10

10/11/13
10/11/13
10/11/13
10/11/13
10/11/13
10/15/13
10/15/13

EB
EB
EB
SAK
SL
SAK
SL

2.10
1.00
0.20
2.50
0.10
0.50
0.50

10/18/13
10/21/13
10/21/13
10/21/13
10/24/13
10/25/13
10/28/13
10/28/13

SAK
EB
EB
SAK
SAK
EB
SAK
SAK

1.00
0.20
0.60
0.20
0.20
0.30
0.20
0.20

Description
Review draft reply in support of ex parte motion to shorten time, research cases cited, and revise
draft; review and revise declaration;
Review draft reply re: ex parte motion in Bank of New York case
Revise draft reply and declaration in support of ex parte motion; e-mails and strategy conference re:
same; e-mails re: service of Rule 11 motion;
Edit reply brief; strategy conference re: revisions; emails with clients re: reply brief;
Strategy conference re: motion to dismiss and rule 11 motion;
Review order in Bank of New York case; e-mail to clients;
Strategy conference re: next steps in litigation;
Strategy conference re: same;
E-mails, order denying motion to shorten time, and Rule 11;
Email re: Rule 11 motion;
Review attorneys' fees cases and draft email re: same; review correspondence re: same;
Review opposition to motion to dismiss and supporting documents;
Review opposition to motion to dismiss in BONY case; draft e-mail on outline of arguments for reply
brief
Review and analyze opposition to motion to dismiss and cases; e-mails re: same;
Draft reply in support of motion to dismiss;
Strategy conference re: reply iso motion to dismiss;
Review opposition papers filed by BONY; strategy conference re: responding to BONY brief;
Research re: timing of FRCP 11 motion
Strategy conference re: reply brief in support of motion to dismiss;
Review and analyze e-mails and postings re: merits issues and motion to dismiss;
Draft reply in support of motion to dismiss;
Review corrected BNY Mellon opposition to motion to dismiss;
E-mails and strategy conference re: arguments for reply in support of motion to dismiss BONY case
E-mails re: arguments raised in opposition to motion to dismiss and statements in declarations;
Review redline of BNY Mellon opposition brief;
Draft reply in support of motion to dismiss;
Review ESI guidlines;
Conference call re: Rule 26 with plaintiffs counsel in BONY case;
Edit draft of reply in support of motion to dismiss in BONY case;
E-mails re certificate of interested parties in BONY case
Review and analyze modifications to opposition to motion to dismiss and e-mails from plaintiffs'
counsel;
Review draft reply and Scott Kronland edits; drafted suggested edits to same;
Review and analyze e-mail re: certificate of interested parties;
Draft reply in support of motion to dismiss;
Research ESI preservation requirements and draft email re: same;
Research certification of interested entities and persons requirements and draft emails re: same;
Strategy Conference with paralegal re: cite check of reply brief;
Paralegal: Cite check for Reply in Support of Motion to Dismiss for Lack of Subject Matter
Jurisdiction;
E-mail re: second amended complaint in BONY;
E-mails re: reply brief in support of motion to dismiss BONY case;
Research and e-mails re: certificate of interested parties and LLC organizations
Review e-mail re: suggested addition to reply brief;
Review and analyze e-mails re: evidence preservation obligations and certificates of interested
parties;
Draft reply in support of motion to dismiss;
Incorporate cite check and tables and finalize reply brief for filing;
Strategy conference re: reply;
Edit reply in support of motion to dismiss BONY case
Review e-mails from clients re: suggestions about reply brief;
Review BONY letter responding to Rule 11 motion; e-mails re: same
Review and analyze correspondence from defendants re: Rule 11; research prevailing party issue; emails re: same;
Draft certificate of interested persons; e-mails re: same
Review and file certification of interested parties;
Review description of litigation for Richmond disclosure statement and email re: same;
E-mails re:filing certificate of interested parties in BONY;
E-mails re: whether to file Rule 11 motion in BONY
Review requirements and deadline for initial disclosures;
Review Rule 26 disclosures in BONY case;
E-mails re: preparing for oral argument on motion to dismiss in BONY case

Date
10/28/13
10/29/13
10/29/13
10/30/13
10/30/13
10/31/13
10/31/13
11/01/13
11/01/13
11/01/13
11/01/13
11/01/13
11/01/13
11/01/13
11/06/13
11/06/13
11/06/13
11/06/13
11/07/13
11/08/13
11/08/13
11/08/13
11/14/13
11/14/13

Timekeeper
SL
SAK
SL
EB
SAK
SAK
SAK
EB
SAK
SAK
SAK
SAK
SAK
SL
EB
EB
SAK
SL
SL
EB
SAK
SL
SL
SL

Hours
0.10
0.80
0.20
0.20
0.40
1.00
0.30
3.00
1.00
1.00
0.80
0.60
0.90
1.80
0.30
0.30
1.50
0.20
0.10
0.40
0.30
1.00
0.20
0.10

11/15/13

SAK

0.50

11/15/13
11/15/13

SL
SL

0.20
0.30

11/16/13
11/18/13
11/22/13
11/22/13
11/24/13
11/26/13

SL
SL
SAK
SL
SL
EB

0.10
0.20
0.60
0.40
0.10
0.2

11/27/13
12/03/13
12/03/13
12/07/13
12/09/13
12/10/13
12/10/13
12/10/13
12/10/13
12/10/13
12/10/13
12/10/13
12/10/13
12/11/13
12/11/13
12/12/13
12/12/13
12/12/13

SL
SL
SL
EB
EB
EB
EB
EB
EB
EB
SL
SPB
SPB
EB
SPB
EB
EB
SL

0.8
0.2
0.1
4.6
6.6
6.9
0.2
0.3
0.2
0.2
0.2
0.4
0.1
1.7
0.3
0.2
0.3
1.1

12/13/13
12/14/13
12/15/13
12/17/13
12/17/13
12/17/13
12/18/13
12/19/13
12/19/13

SL
SL
SL
SL
SL
SPB
SL
EB
EB

0.2
1.2
0.4
0.4
0.1
0.6
0.4
1.1
1.0

Description
Review e-mails re: upcoming hearing and threat by bank;
Draft defendants' portion of joint case management statement in BONY case
Review and analyze draft CMC statement; e-mails re: same;
Review joint case management statement;
E-mails re: hearing in BONY case; joint case management confence in BONY case
Prepare for hearing on motion to dismiss;
E-mails re: joint case management conference statement
Attend hearing on motion to dismiss; travel to/from same;
Prepare for hearing on motion to dismiss in BONY case;
Hearing on motion to dismiss in BONY case;
Meeting with clients re: strategy;
Travel to and from courthouse;
Edit joint case management statement; e-mails and telephone conferences re: same
Hearing on motion to dismiss; post-hearing strategy conference; return travel to office;
Review joint defense agreement;
Review dismissal order and emails re: same;
Review order granting motion to dismiss BONY case; e-mails re: same;
Review and analyze dismissal order; e-mails re: same and re: potential sanctions motion;
Strategy conference re: Rule 11;
Review Rule 11 motion; circulate to clients;
E-mails re: filing rule 11 motion and declaration in support of motion
Draft declaration in support of Rule 11 motion; e-mails and conferences re: Rule 11 filing;
E-mails re: resetting of sanctions hearing;
E-mails and strategy conference re: briefing schedule on motion for sanctions; review court order
resetting hearing on same;
Telephone conference and e-mails re: schedule for motions for sanctions in BONY case and ex
parte motion to postpone
E-mails re: motion for additional time;
Review and analyze draft ex parte application; e-mails re: same; draft edits to same; review and
analyze e-mail from Plaintiffs' counsel;
E-mails re: schedule and motion;
Review and edit revised versions of motion, declaration, and proposed order; e-mails re: same;
Review opposition to motion for sanctions; e-mails re: same
Review and analyze opposition to Rule 11 sanctions; e-mails re: same;
Review and analyze John Vlahoplus e-mail re: motion for sanctions;
Review excerpts of transcript of November 1 hearing and confer with Sally Mendez re: obtaining
transcript;
Review and edit time records for Rule 11 submission;
Review and analyze revised time records; edit same;
Draft e-mail to Eric Brown re: Leyton declaration in support of reply brief in support of sanctions;
Draft reply in support of motion for Rule 11 sanctions;
Research and draft reply in support of motion for Rule 11 sanctions;
Draft reply in support of motion for Rule 11 sanctions;
Strategy conference with Stephen Berzon re: reply in support of Rule 11 motion;
Email to co-counsel re: rule 11 reply;
Call with Bill Falik re: Rule 11 motion;
Call with Bruce Goodmiller and Carlos Privat re: rule 11 motion;
E-mails re: fees submission in support of Rule 11 reply;
Conference and emails re: reply brief;
Review notice of appeal;
Draft reply in support of Rule 11 motion and emails re: same;
Emails with clients re: reply brief;
Strategy conference re: reply in support of Rule 11 motion;
Emails re: reply in support of Rule 11 motion;
Review and analyze draft reply brief and draft suggestions re: same; strategy conference with Eric
Brown re: same and re: declarations and proposed order; e-mails re: declarations and fees and
costs records;
Review costs; conferences re: same;
Draft reply fees declaration;
Draft declaration in support of Rule 11 fees;
Review and allocate costs for purposes of Rule 11 reply submission;
Review and analyze my draft declaration;
Edit declaration; emails re: revisions;
Draft edits to reply declaration;
Review complaint and draft reply in support of Rule 11 motion;
Review edits and draft reply in support of Rule 11 motion;

Date
12/19/13
12/19/13
12/19/13
12/19/13
12/20/13

Timekeeper
EB
SL
SL
SPB
EB

12/20/13
12/20/13
12/20/13
12/20/13

SL
SL
SL
SPB

Total Hours:

Hours
0.3
0.1
0.4
1.0
1.1
0.2
0.2
0.5
0.4
170.30

Description
Cite check reply in support of Rule 11 motion;
E-mails re: reply brief draft;
Strategy conference and e-mails re: filing tomorrow;
Review and edit reply brief; emails and strategy conference re: proposed revisions;
Review order; incorporate comments from others; strategy conference re: same; proof and finalize
reply brief for filing;
Strategy conference re: reply brief and declaration;
Draft revisions to declaration and e-mails re: same;
Review final time and expense records; finalize brief and declaration;
Emails and strategy conference re: declaration;

Includes Estimated Time (5 SL and 2SPB)

Attorneys
Stephen P. Berzon
Michael Rubin
Scott A. Kronland
Jonathan Weissglass
Stacey M. Leyton
Peder J. Thoreen
Eric Brown
Paralegal
Total Fees:

Hours
17.2
2.9
41.05
2.25
35.8
0.7
73.2

Rate
875
875
780
725
665
575
400

Fees
$15,050.00
$2,537.50
$32,019.00
$1,631.25
$23,807.00
$402.50
$29,280.00

4.2

225

$945.00

177.30

$105,672.25